Expunged Misdemeaner

[kurite]

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Hello,
Prior to college I committed a misdemeanor but it was exponged. A school im applying to says to list misdemeaners even if they were expunged. Do i have to put down this information? Isn't it up to me to disclose or not? Is it a bad idea to put down the information?
Thanks

 

[Boolean]

Certain states to not fully reverse a misdemeanor through expunging it -- they just seal the public file. It really depends on the state. If the school is in that particular state, own up to whatever you did, and show progress you've made in improving yourself.

 

[DokterMom]

If they specifically ask for misdemeanors that were expunged, it would be both dishonest and foolish to do otherwise.

 

[Omppu27]

List it. If it was before college, then you were probably a minor (maybe 18?). It probably won't be an issue.

 

[ndafife]

From the AMCAS manual:

Have you ever been convicted of, or pleaded guilty or no contest to, a Misdemeanor crime, excluding:
1) any offense for which you were adjudicated as a juvenile,
2) any convictions which have been expunged or sealed by a court
3) any misdemeanor convictions for which any probation has been completed and the case dismissed by the court (in states where applicable)?

So I would double-check your record to figure out where you stand. If you dont have to give it, then dont.

 

[ciestar]

From the AMCAS manual:

Have you ever been convicted of, or pleaded guilty or no contest to, a Misdemeanor crime, excluding:
1) any offense for which you were adjudicated as a juvenile,
2) any convictions which have been expunged or sealed by a court
3) any misdemeanor convictions for which any probation has been completed and the case dismissed by the court (in states where applicable)?

So I would double-check your record to figure out where you stand. If you dont have to give it, then dont.

This isn't for amcas. I believe he said it was for a secondary for a school, I'm pretty sure you can't just leave it out.

 

[minor.groove]

This isn't for amcas. I believe he said it was for a secondary for a school, I'm pretty sure you can't just leave it out.

would likely depend on 1) the state the offenses are in and 2) the state where the medical school is. only a lawyer could really tell the OP of their legal obligation to report the expunged offenses. probably easier (if they are minor, non violent offenses) to just own up to them, state that they have been expunged and move on with life...

 

[Goro]

Yes and yes. If you do otherwise, an acceptance can be (and has been) rescinded, or you could be expelled for lying on an app.

Background checks do find expunged offenses.

Prior to college I committed a misdemeanor but it was exponged. A school im applying to says to list misdemeaners even if they were expunged. Do i have to put down this information? Isn't it up to me to disclose or not? Is it a bad idea to put down the information?

 

[minor.groove]

Yes and yes. If you do otherwise, an acceptance can be (and has been) rescinded, or you could be expelled for lying on an app.

Background checks do find expunged offenses.

Prior to college I committed a misdemeanor but it was exponged. A school im applying to says to list misdemeaners even if they were expunged. Do i have to put down this information? Isn't it up to me to disclose or not? Is it a bad idea to put down the information?

Again, I would just point out that it MAY be an illegal question. Probably it isn't. Employers (and likely schools) ask illegal questions all the time (in which case the OP would be under no obligation to answer the question and could likely take legal recourse if the he answered "no" when legally allowed to). Being as you, I suspect goro, are not a lawyer I find it somewhat irresponsible to flat out advise the OP to answer someway regardless of his legal rights (again dependent on the particular state(s) in question). If you do not wish to disclose the offenses OP due your due diligence. If you want the simpler way out, then just disclose them (but remember just because it's easier doesn't mean it's "right")

 

[Goro]

And what law school did you go to render a legal opinion?

Illegal or not in state X, med schools have the obligation to make sure their grads can practice Medicine, and hospitals do deny practice rights due to prior convictions.

Lie on an app, and you might as well flush it down the toilet.

And when that rejection comes in, are you going to bleat "but it's illegal in my state for you to ask that!"

And people have had their med school acceptances rescinded for not answering the question truthfully.

I'll leave this to my learned colleague @Law2Doc to answer.

Again, I would just point out that it MAY be an illegal question. Probably it isn't. Employers (and likely schools) ask illegal questions all the time (in which case the OP would be under no obligation to answer the question and could likely take legal recourse if the he answered "no" when legally allowed to). Being as you, I suspect goro, are not a lawyer I find it somewhat irresponsible to flat out advise the OP to answer someway regardless of his legal rights (again dependent on the particular state(s) in question). If you do not wish to disclose the offenses OP due your due diligence. If you want the simpler way out, then just disclose them (but remember just because it's easier doesn't mean it's "right")

 

[Law2Doc]

Hello,
Prior to college I committed a misdemeanor but it was exponged. A school im applying to says to list misdemeaners even if they were expunged. Do i have to put down this information? Isn't it up to me to disclose or not? Is it a bad idea to put down the information?
Thanks

You can't lie on an application. You don't need to volunteer things that aren't specifically asked, but If a place asks, you have to tell or find another place that doesn't ask.

 

[minor.groove]

And as i said it is dependent on both the state the offense were in AND the state the medical school is in.

More over, if it is illegal for the school to ask you cannot be compelled to answer. In CA for ecample, employeers cannot ask about expunged or sealed records (http://www.dfeh.ca.gov/res/docs/publications/dfeh-161.pdf) (whether this applies to schools you would need to ask an lawyer more familar with CA law).

All i said was it is irresponsible for you (as an "authority" figure) to tell the OP flat out they HAVE to answer yes. Their life will be much simipler if they answer in the affarmative, but if they dont want to they should consult a legal expert in the state the medical school is located to determine their obligation (then, deal with a potential legal battle that likely isnt worth the effort on its face if they choose to answer "no" if the question is infact illegal and the school "retailates"). I would suspect the school is in a state where it is legal for them to ask, but you dont know if you dont research it.